RFP 14 15 03 Installation of Metering System for

Peralta Community College District
Request for Proposal 14-15/03
Installation of Metering System for Monitoring Based Commissioning
Program Under Prop. 39 & CCC/IOU
The Peralta Community College District (PCCD), Oakland, California, through the Department of
Purchasing, is hereby requesting proposals for the above mentioned services.
The successful vendor will be required to furnish all labor, material, equipment, supplies, and
applicable taxes to complete all deliverable for this Request for Proposals this project.
Proposal Information
Proposal Description
Installation of Metering System for Monitoring Based
Commissioning Program Under Prop. 39 & CCC/IOU
Project Type
Public Works, Prevailing Wages & Project Labor
Agreement (PLA) Required
License Requirement
C10
Proposal Number
14-15/03
Proposal Issued
August 12, 2014
Project Number
1960
Department
Department of General Services
Scheduled Publication
Dates
August 12, 2014
Mandatory Site Visit Date
August 20, 2014 9:00am
August 19, 2014
at Peralta Community College District
Department of General Services Conference Room
333 East 8th Street
Oakland, CA 94606
Project Duration
30 days
This project is to be completed within the above number of
calendar days from the date that the District issues a Notice to
Proceed.
Liquidated Damages
$500 per day
The Contractor agrees to pay the District the above amount
per calendar day in the event that the Contractor fails to
complete the Contract within the Project Duration indicated
above.
Proposal Due Date
September 2, 2014 11:00am
Page 1 of 13
Peralta Community College District
Request for Proposal 14-15/03
Installation of Metering System for Monitoring Based Commissioning
Program Under Prop. 39 & CCC/IOU
Instructions for Submitting Proposals
Submittal Address
Peralta Community College District
Purchasing Department
Attn: John Hiebert
501 5th Avenue
Oakland, CA 94606
Submittal Copies
One (1) Original copy clearly marked “Original” and three (3)
Copies marked “copy”.
Submittal Envelope
Requirements
Proposal must be sealed and have the following information
clearly marked and visible on the outside of the envelope:
•
•
•
•
Late Submittals
Proposal Number and Name of Project
Name of Your Company
Address
Phone Number
Proposals received after the time and date stated
above shall be returned unopened to the vendor.
Questions about the Request for Proposals
Questions and or Requests for Information (RFI) must be submitted in writing and can be
submitted by email as follows:
Primary Contact
John Hiebert
Email: [email protected]
Question/RFI Due Date
August 25, 2014 at 4:00pm
Response Date
August 28, 2014
Full Opportunity
The Peralta Community College District hereby affirmatively ensures that Disadvantaged Business
Enterprises (DBE), Small Local Business Enterprise (SLBE) and Small Emerging Local Business
Enterprise (SELBE) shall be afforded full opportunity to submit bids in response to this notice and
will not be discriminated against on the basis of race, color, national origin, ancestry, disability,
gender, transgender status, political affiliation or religion in any consideration leading to the award
of contract.
No qualified disabled person shall, on the basis of disability, be excluded from participating in, be
denied the benefits of, or otherwise be subjected to discrimination in any consideration leading to
the award.
Peralta Community College District reserves the right to reject any or all proposals, to waive any
irregularities or informalities not affected by law, to evaluate the proposals submitted and to award
the contract according to the proposal which best serves the interests of Peralta Community College
District.
Marie Hampton
Director of Purchasing
Page 2 of 13
Peralta Community College District
Request for Proposal 14-15/03
Installation of Metering System for Monitoring Based Commissioning
Program Under Prop. 39 & CCC/IOU
Table of Contents
I. Project Overview
II. Scope of Services
III. Submission Requirements
IV. Evaluation Criteria
V. Additional Requirements
VI. Prevailing Wage & Project Labor Agreement
Attachments:
Must Be Returned
with Proposal
Title
1
Vendor Questionnaire and Certificate by
Compliance
Yes
2
Environmentally Sustainable Procurement
Yes
3
Certificate Regarding Workers’ Compensation
Yes
4
Statement of Equal Employment Opportunity
Yes
5
Small Local Business Enterprise/Small Emerging
Local Business Enterprise Program
No
6
SLBE/SELBE Self Certification Affidavit
7
Non-Collusion Affidavit
8
General Provisions
9
Acknowledgement and Signature Form
Yes
10
Exhibit #1 – Price Proposal
Yes
Yes, If applicable
Yes
Page 3 of 13
Peralta Community College District
Request for Proposal 14-15/03
Installation of Metering System for Monitoring Based Commissioning
Program Under Prop. 39 & CCC/IOU
I. Project Overview
The Peralta Community College District (District) requires a web-based monitoring system for the
trending and viewing of energy use for on several of its campuses: College of Alameda, Laney
College, and Merritt College. . The monitoring system will include building kWh, heating hot water
energy and chilled water energy (where applicable). The selected firm (vendor) will deliver a
complete (turnkey) web-based monitoring system that provides easy tracking, accessibility,
archiving, and retrieval of energy performance, at the whole building level. Table 1 below lists the
buildings that require monitoring.
Table 1
P CCD M onitoring Building List
Bldg No.
1.1
Campus
Building
1
Merritt College
Merritt College - Building R
Square
Footage
53,889
2
Merritt College
Merritt College - Building P
44,537
3
Merritt College
Merritt College - Building A
46,201
4
Merritt College
Merritt College - Building D
75,493
5
Laney College
Laney College - Theater
44,537
6
Laney College
Laney College - Student Center
46,201
7
Laney College
Laney College - Library
75,493
8
Laney College
Laney College - Bldg A
53,889
9
Laney College
Laney College - Building B
43,002
10
Laney College
Laney College - Admin Tower
53,988
11
College of Alameda
Building A
34,084
12
College of Alameda
Library
41,536
Project Description
The CCC/ IOU (California Community Colleges/Investor Owned Utilities) Partnership offers
incentives to install whole building monitoring equipment in support of their Monitoring Based
Commissioning (MBCx) Program. MBCx is a unique combination of whole-building monitoring and
retro-commissioning. Due to time constraints, the system must be installed and collecting accurate
data by September 30, 2014 or before. The monitoring supports the retro-commissioning effort by
providing a diagnostic tool, as well as by documenting energy savings in the near term and
Page 4 of 13
Peralta Community College District
Request for Proposal 14-15/03
Installation of Metering System for Monitoring Based Commissioning
Program Under Prop. 39 & CCC/IOU
increasing savings persistence over the long term. In order to support the MBCx program, the
installed metering solution should have the following attributes:
•
•
Operate on a local area network (LAN) or wireless based system.
The data should be trended at 15-minute intervals and stored for a minimum of two (2)
years in a web-based location with easy remote access by the building owner and/or
operator.
•
The user must be able to download data from the system remotely, as well as be able to
have the system automatically ftp (file transfer protocol) the data on a scheduled basis.
•
1.2
The system must be well supported by the manufacturer, distributor, or installer. The
selected firm will clearly describe the level of support, and provide written assurance and
guarantee. Manufacturer must demonstrate longevity for future system expansion and
replacement parts.
Recommended System or Equivalent
The selected system must have a minimum warranty of five (5) years. The solution chosen is
produced and hosted by Onset. This system is robust, economical, user friendly, and well
supported. Firms may propose equivalent systems. The District will decide equivalence. At a
minimum, the system will include the following components:
• Hobo U30 – The Hobo HOBO U30-ETH is the backbone of the monitoring system. It is a
web-based, 15-channel, data logging system, for a broad range of energy and measurement
monitoring applications. It transmits data to the web via an Ethernet network connection for
easy access from internet-enabled devices. In addition, alarms can be configured to
generate text messages and emails when data goes out of range.
•
kWh meter – For the building level energy use, a Wattnode, revenue grade kWh meter with
480V 3-phase energy meter and pulse output or equivalent is recommended.
•
Btu Meter – Chilled Water and Heating Hot Water energy use supplied to the buildings must
be monitored. For that purpose, a BTU meter must be installed, which consists of flow and
temperature measurements. The flow measurement should be ultrasonic. The following
options for Ultrasonic BTU meters that meet the program standard include: Onicon System
10, Fluxus 7407, and Dynasonic, or equivalent.
•
Web-based Software – Centralized web-based location of the energy information. We
recommend Onset as it provides a no-cost web-based account called HOBOlink for collection,
storage, and viewing of all data monitored by the system. All of the data can be viewed or
downloaded by anyone who has the password to the account, including energy managers,
building engineers, third party consultants, etc.
•
Architecture - The sensors (kWh meters and BTU meters) are to be connected to a U30 at
each location. The U30 collects the data and transmits it over campus supplied Ethernet to
HOBOlink, which again, is the web-based user portal for viewing and downloading data.
1.3
Campus and Building Description
Page 5 of 13
Peralta Community College District
Request for Proposal 14-15/03
Installation of Metering System for Monitoring Based Commissioning
Program Under Prop. 39 & CCC/IOU
A brief description of each campus is presented below. Final determination and verification
must be made by the selected firm.
1.3.1 College of Alameda The College Of Alameda campus is comprised of seven typical
college campus buildings with classrooms, lab rooms, general and private administration
office, conference rooms. Mechanical spaces, a library building and a student center
building. Fifteen (15) KVA electrical service is supplied to the campus by Alameda Municipal
Power which is then transformed 480V/277 (3- phase 4-wire) and distributed from the main
switchboard located at Building C to distribution panels located at each individual building.
The HVAC system is generally comprised of air handling units with heating coils and Direct
Expansion cooling or no cooling. Heating Hot Water (HHW) is supplied to the campus from
a centralized heat plant (located inside Building C) and is distributed by a primary loop that
serves all buildings. Each building has secondary and tertiary HHW loop system. It also has
an adjacent central plant that provides cooling for the building.
1.3.2 Laney College The Laney College campus is comprised of seven college campus buildings
with classrooms, laboratories, general and private administration office, conference rooms,
mechanical spaces, a library building, and a student center building. Fifteen (15) KVA
electrical service is supplied to the campus by Pacific Gas & Electric and is transformed
480V/277 (3- phase 4-wire) and distributed from the main switchboard located at Building
C to distribution panels located at each individual building. The campus’s HVAC system is
generally comprised of air handling units with heating coils and cooling coils. Chilled Water
(CHW) and Heating Hot Water (HHW) is supplied to the buildings from a centralized plant
(located inside the E Complex) and is distributed by primary CHW and HHW loops that
serve all buildings. Each building has secondary and sometimes tertiary water loop systems.
1.3.3 Merritt College The Merritt College campus is comprised of seven college campus
buildings with classrooms, laboratories, general and private administration offices,
conference rooms, mechanical spaces, a library building, and a student center building.
Fifteen (15) KVA electrical service is supplied to the campus by PG&E and is transformed
480V/277 (3- phase 4-wire) and distributed from the main switchboard located at Building
C to distribution panels located at each individual building. The HVAC System is generally
comprised of air handling units with heating coils and Direct Expansion cooling or no
cooling. Heating Hot Water (HHW) is supplied to the campus from a centralized heat plant
(located inside Building C) and is distributed by a primary loop that serves all buildings.
Each building has secondary and tertiary HHW loop system. Currently a cooling plant is
being constructed (adjacent to the existing HHW plant) to provide CHW to the campus
buildings.
II. Scope of Services
The intent of this scope is to describe the requirements for the installation of data logging
equipment that monitors the electrical, cooling and heating demands of each building. Included
in this document are the specifications of the recommended equipment and a description of the
work required. The work scope described below must be installed and collecting accurate data
by September 30, 2014 or before. The District has made reasonable attempts to ensure that
the scope is complete and accurate. However, the District makes no guarantee that the scope is
complete. The selected firm is obligated to ensure that the scope is complete and accurate. The
goal is to provide the proper metering to meet the CCC/IOU MBCx program, for energy use
reduction and monetary rebates.
Page 6 of 13
Peralta Community College District
Request for Proposal 14-15/03
Installation of Metering System for Monitoring Based Commissioning
Program Under Prop. 39 & CCC/IOU
1. kWh Metering – For each building, one or more electrical meters will be installed, depending
on the number of electric services serving the building. For each building, the metering solution
will be capable of calculating the total kWh consumption in the building.
1.1. Electrician to install:
1.1.1. Connect 3-phase power meters to switch gear.
1.1.2. Provide and install NEMA Enclosures and short conduit to be mounted outside
electrical panel to enclose meters and/or logging equipment.
1.1.3. Connect U30 (or equivalent) to Local Area Network via Ethernet cable.
1.1.4. Install 110V conduit and receptacles, as required, to power logging equipment.
2. BTU Metering – For each building, one or more BTU meters will be installed, depending on
the number of non-electric services serving the building (e.g hot water, chilled water, natural
gas, etc.) For each building, the metering solution will be capable of calculating the total BTU
consumption in the building.
2.1. BTU meter scope for installation:
2.1.1. Install BTU meters on heating hot water or chilled water supply to the building.
2.1.1.1.
BTU meter will consist of ultrasonic flow meter and supply and return
temperature sensors.
2.1.2. Connect Btu meter to U30 (or equivalent) and connect U30 to Local Area Network
via Ethernet cable.
2.1.3. Install 110V conduit and receptacles, as required, to power BTU meters or logging
equipment.
3. Web Interface and Data Collection – Set up metering in software.
3.1. Bidder to map each meter to the web-based monitoring software.
3.2. Set up web-based interface, arranging each of the meters with their respective buildings
and campus.
3.3. If required, set-up scheduled ftp downloads for campus staff.
III. Submission Requirements
Please respond to the following submission requirements clearly and concisely. PCCD will use your
responses to objectively determine your capabilities and experience. Please label your responses 1
through 7, in the order presented below. Please limit your total response to 20 pages (excludes the
required attachment forms provided with this RFI).
Submittal Format:
Responses may not be longer than 20 pages (single side or 10 pages front and back), printed on 8
½” x 11” paper and formatted in no smaller than 10 point font. Each section shall be labeled
according to the sections below. All submitted material must only be bound with one staple in the
upper left corner. Please no binders or any other type of spiral binding. Submittals must be able to
fit into a 9 x 11 ½ inch folder.
1. Company Information/Executive Summary and Letter of Interest: Provide a letter of
interest/introduction singed by your firm’s officer authorized to execute legal documents on the
behalf of your firm. Provide the name of your company (including the name of any parent
company), business address, email address, Federal Tax ID number, telephone and FAX
Page 7 of 13
Peralta Community College District
Request for Proposal 14-15/03
Installation of Metering System for Monitoring Based Commissioning
Program Under Prop. 39 & CCC/IOU
numbers, and names and titles of key personnel and a brief history of your company. Provide a
brief statement of who is authorized to submit the proposals on the behalf of your firm and why
your firm is interested in this project. Please make sure that person signs and dates the
statement.
•
History, number of years in business in California, staff size
•
Location of office which will perform the work
•
Size of staff if applicable
•
Sole proprietors may submit proposal
2. Qualification and Experience: Provide a statement of qualification and relevant information
about your company’s knowledge and experience that qualifies your firm to submit a proposal
in response to this RFP. This District must be able to determine if your firm is qualified to
provide the requested consulting services. List relevant projects where your firm has provided
metering and monitoring systems, and services, include at minimum the following:
a. Site and/or Building name
b. Year project was completed
c.
Project scope
d. Project cost
e. Describe installed system including;
i. Data points that were monitored
ii. Total number of logged points
iii. Described specific meters (data collection devices) that were installed
iv. Describe data collection interface and whether system was web-based or not
f.
Describe obstacles encountered and how the obstacles were overcome
g. Describe data reliability for the system installed
h. List client names, contact person, and phone number for MBCx project information.
3. Key Personnel: Provide resumes for key project personnel. These individuals may not be
pulled from the project without the District’s approval.
4. Project Schedule: Submit a project schedule showing a completion date of September 30,
2014, or before. The project must be completed no later than September 30, 2014.
Completion includes: (1) all meters installed, (2) all meters collecting the required data, (4) all
data transmitted, and (5) all data retrievable. The project is not complete until it supplies the
proper data in a manner that meets the requirements of the CCC/IOU MBCx program. The
selected firm represents that it fully understands the CCC/IOU and Proposition 39 requirements.
5. Firm Track Record:
A. Has your firm ever been let go by a client or replaced by another firm during any
related project? If so, explain in detail.
B. Does your firm have any current or pending litigation on any projects? If so, please
describe.
C. Has your firm defaulted on a contract within the past five (5) years or declared
bankruptcy, or been placed in receivership within the past five (5) years?
Page 8 of 13
Peralta Community College District
Request for Proposal 14-15/03
Installation of Metering System for Monitoring Based Commissioning
Program Under Prop. 39 & CCC/IOU
D. Is your firm under investigation for any charge or claim for noncompliance with
state laws and/or regulations? If yes, indicate the project name(s), nature of the
charge(s) or claim(s) and current status.
6. Fee: Include in your proposal your detailed fee structure for performing the Scope of Services
outlined in this RFP. Provide any reduced fees offered to governmental entities as well as and
what are your standard hourly rates.
7. Debarment: Provide a statement that your company has not been debarred from providing
services to any State or Federal Agency within the last five (5) years. Sign and Date your
statement. If your firm has been debarred, you will need to provide background information
and reason for the debarment. Provide the name and contact information for the Agency that
debarred your firm. The District must review the reason and duration for the debarment before
it can determine if your firm can be consider for this project.
8. Insurance: The Testing & Inspection firm(s) will be required to furnish Evidence of Insurance,
naming the District and their designated agencies as additional insured and in accordance with
the District’s requirement for coverage. See Appendix A of the General Professional Services
Agreement.
9. Environmentally Sustainable Procurement: It is the policy of the Peralta Community
College District (Board Policy 2.40, Environmental Sustainability), to purchase products or
services that help to minimize the adverse effects on human health and the environment, when
compared to other products and services that serve the same purpose with comparable
efficacy. Does your product or service promote the District’s Environmentally Sustainable
Procurement goal? Please use the attached Environmentally Sustainable Procurement form to
describe how your product or service directly meets the District’s goal. If your product or
service does not directly meet the District’s goal, then describe what initiatives your firm has
taken to become more environmentally sustainable. The District will evaluate each response,
and more points will be awarded to firms who products and services directly meet the District’s
Environmentally Sustainable Procurement goal.
10. Required Forms: The Vendor must fill out all forms included in the RFP (listed in the
attachments section) and return them with your proposal. Failure of the vendor to provide any
information requested in the RFP, may result in rejection for non-responsiveness. (These
required forms will not count against the 16 page maximum for your response.)
IV. Evaluation Criteria
The Peralta Community College District must be assured that the responder (vendor) selected has
all of the resources required to successfully perform under the contract. This includes, but is not
limited to, personnel with skills required, equipment/materials and financial resources sufficient to
provide services called for under this contract. If during the evaluation process, the Peralta
Community College District is unable to assure itself of the responder’s ability to perform under the
contract, if awarded, the Peralta Community College District has the option of requesting from the
responder, any information that the Peralta Community College District deems necessary to
determine the responder’s capabilities. If such information is required, the responder will be notified
and will be permitted five (5) working days to submit the requested information.
In awarding the contract, the District will evaluate a number of factors in combination. Please
make sure you have submitted responses to all items listed in the Submission Requirements
section, as your responses will be evaluated based on the weights (Points) listed below.
Page 9 of 13
Peralta Community College District
Request for Proposal 14-15/03
Installation of Metering System for Monitoring Based Commissioning
Program Under Prop. 39 & CCC/IOU
A.
Selection Criteria:
Submissions will be scored according to the following:
Item
1
2
3
4
5
Criteria
Proposals and Experience
Vendor’s knowledge and experience working installing web-based
monitoring system for trending and viewing of energy use.
Client References
As evidence from your response to item 2 of Submission Requirements
section.
Fee
Submit itemized and total cost estimate and personnel fee schedule.
Environmentally Sustainable Procurement
Does your product or service meet the District’s Environmentally
Sustainability initiatives? (Item 7 of Submission Requirements section.)
SLBE
Does your company meet the District’s definition of an SLBE or SELBE?
Total
Points
20
20
50
5
5
100
B.
Selection Procedure:
A technical screening committee comprised of PCCD personnel and possibly external members will
initially evaluate and score all submissions according to the scoring criteria above. Based on these
evaluations and reviews, the top three (3) scoring submissions may be invited for an interview with
the Vice Chancellor of General Services.
Award will be based on best value, not necessarily lowest price.
C.
Compensation:
Following the selection process fees for services will be negotiated with the qualified individuals or
firms and the Peralta Community College District. If an agreement on fees cannot be reached in a
timely manner, the District will seek to reach an agreement with the next best qualified
Respondent.
V. Additional Requirements:
A.
Cost of Participation in Selection Process
Costs for developing responses to this RFP are entirely the responsibility of the firm and shall not be
chargeable to the District.
B.
District Rights:
The District reserves the right to waive any irregularities or required formalities or to amend or
cancel, in part or entirety, this RFP if it is in the best interest of the District.
C.
Law Compliance
The Vendor must comply with all laws, ordinances, regulations and codes of the Federal, State, and
Local governments which may in any way affect the preparation of proposals or the performance of
the contract.
Page 10 of 13
Peralta Community College District
Request for Proposal 14-15/03
Installation of Metering System for Monitoring Based Commissioning
Program Under Prop. 39 & CCC/IOU
D.
Public Records:
Except for materials exempted from disclosure such as Trade Secrets (as defined in California Civil
Code 3426.1) that are specifically marked “Confidential” or “Proprietary”, all material submitted in
response to this RFP are deemed property of the District and public records upon submission to the
District. The District is not liable or responsible for the disclosure of RFP Responses, or portion
thereof, deemed to be public records, including those exempt from disclosure if disclosure is by law,
by an order Court, or which occurs through inadvertence, mistake or negligence on the part of the
District or its agents or representatives. If the District is required to defend or otherwise respond to
any action or proceeding wherein request is made for the disclosure of the contents of any portion
of a RFP Response deemed exempt from disclosure hereunder, by submitting a response to the
RFP, each Respondent agrees to defend, indemnify and hold harmless the District in any action or
proceeding from and against any liability, including without limitation attorneys’ fees arising there
from. The party submitting materials sought by any other party shall be solely responsible for the
cost and defense in any action or proceeding seeking to compel disclosure of such materials.
E.
Proposal Considerations
PCCD has absolute discretion with regard to acceptance and rejection of proposals. In order to be
considered the party submitting a proposal waives the right to bring legal proceedings challenging
the Board's choice of the award.
F.
False Statements
False statements in a proposal will disqualify the proposal.
G.
Legal Proceeding Waiver
The Vendor relationship to PCCD shall be that of independent contractor and not deemed to be
agent of PCCD.
H.
Taxes
The Vendor will be responsible for all Federal, State and Local taxes.
I.
Grade of Service
The Vendor must provide professional service and maintain appropriate personnel to provide
expedient and courteous service.
J.
The Vendor's Liability
The Contractor shall be responsible for any and all damages to the PCCD premises resulting from
the negligent acts or willful misconduct of the Contractor agents or employees.
K.
Contract Termination
PCCD may terminate the agreement with the Vendor on thirty days notice for the failure of the
Vendor to comply with any term(s) of the agreement between PCCD and the Vendor.
L.
Award Consideration
Award of contract will be based on the information submitted as a result of this RFP and
subsequent interviews.
M.
Amendments
The Peralta Community College District may, at its sole discretion, issue amendments to this RFP at
any time before the time set for receipt of proposals. The vendor’s are required to acknowledge
receipt of any amendments (addenda) issued to this RFP by acknowledging the Addendum in the
space provided on the RFP Acknowledgement and Signature Form. The Peralta Community College
District shall not be bound by any representations, whether oral or written, made at a pre-proposal,
pre-contract, or site meeting, unless such representations are incorporated in writing as an
amendment to the RFP or as part of the final contract. All questions or request for clarification
Page 11 of 13
Peralta Community College District
Request for Proposal 14-15/03
Installation of Metering System for Monitoring Based Commissioning
Program Under Prop. 39 & CCC/IOU
concerning material terms of the contract should be submitted in writing for consideration as an
amendment.
N.
Withdrawal or Modification of Offers
The Vendor may modify or withdraw an offer in writing at any time before the deadline for
submission of an offer.
O.
Acceptance
Any offer received shall be considered an offer which may be accepted or rejected, in whole or in
part, by the District based on initial submission without discussions or negotiations.
The District reserves the right to reject any or all offers and to waive informalities, minor
irregularities, or other requirements in offers received, and/or to accept any portion of the offer if
deemed in the best interest of the District. Failure of the vendor to provide in its offer any
information requested in the RFP may result in rejection for non-responsiveness. Failure of the
vendor to meet or exceed any stated minimums in the RFP may also result in rejection for reasons
of non-responsiveness.
P.
Award and Length of Contract
The Board of Trustees shall not be bound to accept the lowest-quote fee. The Board will award the
contract the firm select through the competitive process outlined in this RFP and recommended by
the Vice Chancellor of General Service.
Q.
Representations
No representations or guarantees of any kind, either made orally, or expressed or implied, are
made with regard to the matters contained in this document, including any attachments, letters of
transmittal, or any other related documents. The Vendor’s must rely solely on its own independent
assessment as the basis for the submission of any offer made.
Page 12 of 13
Peralta Community College District
Request for Proposal 14-15/03
Installation of Metering System for Monitoring Based Commissioning
Program Under Prop. 39 & CCC/IOU
VI. Prevailing Wage Determination
The Governing Board has obtained from the Director of the Department of Industrial Relations, the
general prevailing rate of per diem wages in the locality in which the work is to be performed for
each craft, classifications or type of worker needed to execute the contract, including employer
payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of
these prevailing rates are Internet accessible at
http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm or shall be made available at the District’s
Purchasing office to any interested party upon request during regular business hours.
The schedule of per diem wages is based upon a working day of eight hours. The rate for holiday
and overtime work shall be at least time and one half.
It shall be mandatory upon the contractor to whom the contract is awarded, and upon any
subcontractor under him, to pay not less than the specified rates to all workers employed by them
in the execution of the contract. It is the contractor's responsibility to determine any rate change,
which may have or will occur during the intervening period between each issuance of published
rates by the Director of Industrial Relations
Project Labor Agreement
The Peralta Community College District has entered into a Project Labor Agreement (PLA) for all its
Public Works construction projects, which requires that the successful General Contractor, and its
field Subcontractors to sign the applicable Letter of Assent (LOA). The complete text including the
terms and conditions, and the LOA, are included in the bid package for review by all Contractors
bidding on this project. Contractors contemplating bidding on this project are strongly encouraged
to review the complete PLA documents, but should at minimum be aware of the following:
•
•
•
•
No work stoppages, strikes, sympathy strikes, slowdowns or lockouts are allowed during
the execution of the work.
There are provisions for alternative dispute resolution, depending on affected crafts.
Based on a formula and certain basic requirements, a Contractor may use up to five (5)
“core” workers, but all workers must be dispatched through the applicable union halls.
There are goals for the utilization of local workers, utilizing the normal hiring hall
procedures for dispatch.
A Contractor is not required to become signatory to a union to work on a project covered by the
PLA, but is required to sign a Letter of Assent (LOA) agreeing to work under the terms of the PLA,
on a project by project basis. Workers are not required to join a union but must be dispatched
through a union hiring hall and must pay union initiation fees and dues when working on a project
covered by the PLA.
The District’s PLA Program Manager for this project is:
Mr. Jake Sloan of Davillier-Sloan—Labor Management Consultants
Please direct all PLA questions to the Primary Contact listed under Proposal Information, and the
Primary Contact will forward your question to the PLA Program Manager, to be answered as part of
the formal Addendum for this bid.
Page 13 of 13
PERALTA COMMUNTIY COLLEGE DISTRICT
REQUEST FOR PROPSAL 14-15/03
Installation of Metering System for Monitoring Based Commissioning
Program Under Prop. 39 & CCC/IOU
VENDOR’S QUESTIONNAIRE AND CERTIFICATE BY COMPLIANCE
The following information is requested for information purposes only. It will not be used in
determining bid award.
Date: _____________________
_______________________________________________________________________
Firm Name
Telephone
__________________________ ____________________________________________
Business Fax
Email Address
Website
_______________________________________________________________________
Street Address
City/State
Zip Code+ 4®
_______________________________________________________________________
Mailing Address
City/State
Zip Code + 4®
Type of Organization (Check one)
Individual 
Partnership  Corporation 
Name of Owner(s)
State of Incorporation (if applicable)
Name of Partners
(I) Indicate (G) General (L)Limited
Local Address
Amount of Annual Business
Attachment 1
PERALTA COMMUNTIY COLLEGE DISTRICT
REQUEST FOR PROPSAL 14-15/03
Installation of Metering System for Monitoring Based Commissioning
Program Under Prop. 39 & CCC/IOU
Pacific
Islander, other
Asian
White
Disabled
Veteran
Women
Subcontractor
Employee
Apprentice
Pacific
Islander,
other Asian
White
Disabled
Veteran
Women
Subcontract
or
Employee
Apprentice
Native –
American
Mexican or
MexicanAmerican
Filipino
Latino (other
than Mexican
or MexicanAmerican)
Black or
AfricanAmerican
AsianAmerican
(Chinese,
Japanese,
Korean,
Vietnamese)
The District is identifying vendor ownership as follows:
Total #
% of
assets
Native –
American
Mexican or
MexicanAmerican
Latino (other
than
Mexican or
Mexican-
Black or
AfricanAmerican
Filipino
AsianAmerican
(Chinese,
Japanese,
Korean,
Vietnamese)
The District is identifying vendor workforce as follows:
Total #
% of
assets
Explain whether current workforce is racially and ethnically proportionate to the area from which the
workforce is drawn (national, state, or local). Use separate sheet if necessary.
Detail steps taken by vendor since inception to assure non-discriminatory recruiting, hiring, and
apprenticeship, placement, promotion, demotion, layoff and termination practices. Use separate sheet
if necessary.
Attachment 1
PERALTA COMMUNTIY COLLEGE DISTRICT
REQUEST FOR PROPSAL 14-15/03
Installation of Metering System for Monitoring Based Commissioning
Program Under Prop. 39 & CCC/IOU
What are you interested in providing the District? (e.g., construction, consulting, goods or services).
Main Headquarters Office(s)
Address/Telephone
1.
(List all as applicable)
2.
3.
Total # of Employees _____
Local Office(s)
Address/Telephone
(List all as applicable)
1.
2.
3.
Total # of Employees ______
Name and list residential zip
code for each employee,
subcontractor, or apprentice
for awarded contract
(Please use the Zip+4®)
Use separate sheet as
Necessary
1.
2.
3.
4.
5.
6.
Attachment 1
PERALTA COMMUNTIY COLLEGE DISTRICT
REQUEST FOR PROPSAL 14-15/03
Installation of Metering System for Monitoring Based Commissioning
Program Under Prop. 39 & CCC/IOU
ENVIRONMENTALLY SUSTAINABLE
It is the policy of the Peralta Community College District (Board Policy 2.40, Environmental
Sustainability), to purchase products or services that help to minimize the adverse effects on human
health and the environment, when compared to other products and services that serve the same purpose
with comparable efficacy. The District recognizes that environmentally responsible purchasing will help
create and sustain markets for environmentally sustainable products, and is committed to encouraging
the procurement of environmentally sustainable products, such as products with high recycled content,
remanufactured products, FSC certified lumber, Energy Star rated equipment, low and no VOC paints,
low-toxicity cleaning supplies and Green Seal approved chemicals, locally sourced organic/sustainably
grown foods, compostable utensils, non polystyrene food containers, non petroleum-based inks, and will
promote contracting with businesses in close proximity, to reduce our carbon footprint and to promote
the District's SLBE program.
The District’s formal Environmental Sustainability Policy 2.40 is available for download at:
http://www.peralta.edu/projects/4/Purchasing%20Procedures/BP_2_40_Environmental_Sustainability_Pol
icy_FINAL_3-31-08.pdf.
Vendor Statement and Signature
The long-term goal of the District is to purchase products with zero waste, high recycled
content, produced and delivered in an environmentally sustainable manner. Does your
product or service promote the District’s Environmentally Sustainable Procurement goal?
______Yes*
______No
*If Yes, you are required to describe how your product or service that you are providing to
the District will promote the District’s Environmentally Sustainable Procurement goal.
Attachment 2
PERALTA COMMUNTIY COLLEGE DISTRICT
REQUEST FOR PROPSAL 14-15/03
Installation of Metering System for Monitoring Based Commissioning
Program Under Prop. 39 & CCC/IOU
I certify (or declare) under penalty of perjury that the foregoing is true and correct.
Contractor Name: ________________________
Title: _______________________________
Authorized Signature: ___________________________________
Attachment 2
Date: _________________
PERALTA COMMUNTIY COLLEGE DISTRICT
REQUEST FOR PROPOSAL 14-15/03
Installation of Metering System for Monitoring Based Commissioning
Program Under Prop. 39 & CCC/IOU
CERTIFICATE REGARDING WORKERS' COMPENSATION
Labor Code Section 3700 in relevant part provides:
"Every employer except the State shall secure the payment of compensation in one or more of
the following ways:
(a)
By being insured against liability to pay compensation in one or more insurers duly
authorized to write compensation insurance in this State.
(b)
Be securing from the Director of Industrial Relations a certificate of consent to selfinsure, which may be given upon furnishing proof satisfactory to the Director of Industrial
Relations of ability to self-insure and to pay any compensation that may become due to his
employees."
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be
insured against liability for workers' compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions before commencing the performance of
the work of this Contract and will require all subcontractors to do the same.
___________________________________________
Contractor
By: _______________________________________
(In accordance with Article 5 [commencing at Section 1860], Chapter 1, Part 7, Division 2 of the Labor
Code, the above certificate must be signed and filed with the awarding body prior to performing any work
under this Contract.)
Attachment 3
PERALTA COMMUNTIY COLLEGE DISTRICT
REQUEST FOR PROPSAL 14-15/03
Installation of Metering System for Monitoring Based Commissioning
Program Under Prop. 39 & CCC/IOU
Statement of Equal Employment Opportunity
I hereby certify that ________________________________________________________
(Legal Name of Vendor/Consultant/Contractor)
Will not discriminate against any employee or applicant for employment because of race, creed,
sex, color or national origin and shall insure compliance with all provisions of Executive Order
No. 11246 (as amended by Executive order No.11375).
The vendor’s questionnaire requests information for record keeping purposes only. The
information requested will not be used as a basis for contract award.
However, after a contract is awarded to your company, the District requires your company to
report:
a. Actual racial, gender and residential workforce composition of your company for the
contract work.
b. Actual racial, gender and residential workforce composition of subcontractors for the
contract work.
c. Number of apprenticeship workforce for the contract work.
This report must be submitted to the District Department of General Services on a quarterly
basis.
I declare under penalty of perjury under the laws of the state of California that the information
I have provided herein is true and correct and is of my own personal knowledge.
BY: __________________________________________
Date
_________________________________________
Print Name
Attachment 4
PERALTA COMMUNTIY COLLEGE DISTRICT
REQUEST FOR PROPSAL 14-15/03
Installation of Metering System for Monitoring Based Commissioning
Program Under Prop. 39 & CCC/IOU
SMALL LOCAL BUSINESS ENTERPRISE and
SMALL EMERGING LOCAL BUSINESS ENTERPRISE PROGRAM
The District is committed to ensure equal opportunity and equitable treatment in awarding and
managing its public contracts and has established an annual overall program goal of twenty-five
percent participation for small local businesses. To facilitate opportunities for small local business,
the District will use a maximum 5% bidding preference for SLBE and SELBE firms. The preference is
only used for computation purposes to determine the winning bidder, the contract is awarded at the
actual bid amount. Please review the following guidelines to see if your firm qualifies for the
preference.
The 5% bidding preference for an SLBE and SELBE firms are for construction, personal and
professional services, goods and services, maintenance, repairs, and operations where responsibility
and quality are equal. The preference will be 5% of the bid amount of the lowest responsive
responsible bidder, and may not exceed $50,000.00 for any bid.
A Non-SLBE/SELBE Prime Contractor who utilizes 25% of total bid amount, with SLBE or SELBE
subcontractors (who meet the District’s Definition of an SLBE and SELBE), can also receive a
maximum of 4% bidding preference, not to exceed $50,000.00 for any bid. (See below Subcontractor
section.)
Definitions:
SLBE: A Small Local Business Enterprise is a business that has not exceeded gross annual
revenue of 8.5 million dollars for a construction firm, or 6 million dollars for goods and nonprofessional services firm, or 3 million dollars for architecture, engineering and professional
services firm, for the past three consecutive years and meets the below geographic location
requirements.
SELBE: A Small Local Emerging Business Enterprise is a business that has not exceeded gross
annual revenue of 1.5 million dollars for the past three consecutive years and meets the below
geographic location requirements.
Commercially Useful Function: Shall mean a business is directly responsible for providing the
materials, equipment, supplies or services to the District as required by the contract solicitation.
The business performs work that is normal for its business services and carries out its obligation
by actually performing, managing, or supervising the work involved. The business is not
Commercially Useful if its role is limited to that of an extra participant in a transaction, contract,
or project through which funds are passed in order to obtain the appearance of SLBE or SELBE
participation.
Geographic Location Requirements:
•
The business must be located at a fixed, established commercial address located in the
District’s market area of Albany, Alameda, Berkeley, Emeryville, Oakland, or Piedmont, and
not a temporary or movable office, a post office box, or a telephone answering service.
•
If the business has an office outside of the District’s market area as well as an office within
the market area, the office within the District’s market area must be staffed on a full time
permanent basis with someone employed by the business.
Attachment 5
PERALTA COMMUNTIY COLLEGE DISTRICT
REQUEST FOR PROPSAL 14-15/03
Installation of Metering System for Monitoring Based Commissioning
Program Under Prop. 39 & CCC/IOU
•
•
If requested, the business that has an office outside of the District’s market area must
provide proof of one or more past contracts citing the business address (such as contracts
to perform work, to rent space or equipment, or for other business services) was within the
District’s market area at least one (1) year prior to the date of contract award. The oneyear requirement does not apply to businesses whose sole establishment is located within
the District’s market area.
Subcontractors:
Non-SLBE/SELBE Prime Contractors who use subcontractors, who meet the district definitions of
SLBE and SELBE, may receive a maximum of 4% bidding preference if the following conditions
are met:
1. 25% of total bid amount is with Subcontractors who meet the District’s definition of
an SLBE and SELBE. The Prime Contractor must list each Subcontractor on the
Subcontractor List form, clearly identifying the SLBE and SELBE status and the Dollar
Amount of work each subcontractor will perform.
2. The Subcontractors must provide a Commercially Useful Function.
3. The Prime Contractor must maintain the Subcontractor percentages (based on the
quoted dollar amounts) indicated in the Subcontractor List form at the time the
Contract is awarded and throughout the term of the Contract.
4. The Prime Contractor must fill out sign the SLBE/SELBE Self Certification Affidavit and
return it with the bid documents, and 48 hours after the bid opening the Prime
Contractor must submit signed SLBE/SELBE Self Certification Affidavit from each of
the SLBE and SELBE subcontractors listed in the Subcontractor form. The
Subcontractor must agree to provide the requested documentation to verify the
SLBE/SEBLE status.
5. No Substitutions can be made to the SLBE and SELBE subcontractor without the prior
written approval of the District. The District will approve a subcontractor substitution
on the following conditions:
a. A written statement from the subcontractor agreeing to the substitution.
b. When the subcontractor has been given a reasonable opportunity to
execute the subcontract, yet fails to, or refuses to execute the subcontract,
or refuses to satisfy contractual obligations.
c.
When the subcontractor becomes insolvent.
d. When the District determines the work performed by the subcontractor is
not in accordance with the contact agreement, or the subcontractor is
substantially and unduly delaying or disrupting the progress of work.
Firms that meet the District criteria for an SLBE and SELBE can complete the below self-certification
affidavit signed under penalty of perjury. Firms claiming SLBE and SELBE status in the selfcertification affidavit will be required to submit proof of residency and revenue 48 hours after bid
opening. Such proof shall consist of a copy of a contract to perform work, to rent space or
equipment, or for other business services, executed from their local address, and the firm’s tax
returns for the past three consecutive years.
Attachment 5
PERALTA COMMUNTIY COLLEGE DISTRICT
REQUEST FOR PROPSAL 14-15/03
Installation of Metering System for Monitoring Based Commissioning
Program Under Prop. 39 & CCC/IOU
SLBE/SELBE SELF CERTIFICATION AFFIDAVIT
I certify under penalty of perjury that my firm meets the District’s definition of a Small Local Business
Enterprise or a Small Emerging Local Business Enterprise and resides in the geographic location of the
District’s market area and qualifies for the below preference. The maximum preference will be five
percent of the bid amount of the lowest responsible bidder, and may not exceed $50,000.00 for any
bid. The preference is only used for computation purposes to determine the winning bidder; the
contract is awarded at the actual bid amount. The District’s Contract Compliance Office will
determine whether this requirement has been fulfilled. Bidders may only claim one of the below
preferences.
Certification Status
Preference Claimed
(check only one)
Preference
SLBE
5% of lowest bid
SELBE
25% of Subcontractors are
SLBE/SELBE
Not Applicable
5% of lowest bid
4% of lowest bid
None
1. I acknowledge and am hereby advised that upon a finding of perjury with the claims made in this
self certification affidavit the District is authorized to impose penalties which may include any of
the following:
a)
b)
c)
d)
e)
Refusal to certify the award of a contract
Suspension of a contract
Withholding of funds
Revision of a contract for material breach of contract
Disqualification of my firm from eligibility for providing goods and services to the Peralta
Community College District for a period not to exceed five (5) years
2. I acknowledge and have been advised and hereby agree that my firm will be required to provide
proof (and if applicable, my SLBE and SELBE Subcontractors will provide proof) of the status
claimed on this self-certification affidavit 48 hours after bid opening. Proof of status claimed
includes tax returns from the previous three years and past contracts to determine the size and
geographical location of my firm.
3. I declare that the above provisions are attested to under penalty of perjury under the laws of the
State of California.
RFP Number:
________________ RFP Name:
____________________________________
Signed
Date
Printed or typed name
Title
Attachment 6
PERALTA COMMUNTIY COLLEGE DISTRICT
REQUEST FOR PROPSAL 14-15/03
Installation of Metering System for Monitoring Based Commissioning
Program Under Prop. 39 & CCC/IOU
NON-COLLUSION AFFIDAVIT
(To be executed by Proposer and submitted with your proposal)
State of California, County of _______________
(Name) ____________________________________________, being first duly sworn, deposes and
says that he or she is (title)______________________ of
(company)____________________________ the party making the foregoing bid that the bid is not
made in the interest of, or on behalf of, any undisclosed person, partnership, company, association,
organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has
not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has
not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to
put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner,
directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid
price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price,
or of that of any other bidder, or to secure any advantage against the public body awarding the
contract of anyone interested in the proposed contract; that all statements contained in the bid are
true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any
breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid,
and will not pay, any fee to any corporation, partnership, company association, organization, bid
depository, or to any member or agent thereof to effectuate a collusive or sham bid.
I certify (or declare) under penalty of perjury that the foregoing is true and correct.
Date: ____________________ Signature:
____________________________________________
Attachment 7
PERALTA COMMUNTIY COLLEGE DISTRICT
REQUEST FOR PROPSAL 14-15/03
Installation of Metering System for Monitoring Based Commissioning
Program Under Prop. 39 & CCC/IOU
GENERAL PROVISIONS
Definition: The words Contractor means any Bidder, Vendor or Proposer who provides a good, service or
construction to Peralta Community College District (PCCD).
1.
ASSIGNMENT/DELEGATION: Neither party hereto shall assign, sublet or transfer any
interest in this Agreement or any duty hereunder without written consent of the other, and no assignment
shall be of any force or effect whatsoever unless and until the other party shall have so consented.
2.
STATUS OF CONTRACTOR: The parties intend that CONTRACTOR, in performing the
services herein specified, shall act as an independent contractor and shall have control of the work and the
manner in which it is performed. CONTRACTOR is not to be considered an agent or employee of DISTRICT
and is not entitled to participate in any pension plans, insurance, bonus or similar benefits DISTRICT
provides its employees.
3.
INDEMNIFICATION:
(a)
CONTRACTOR agrees to accept all responsibility for loss or damage to any person or entity,
and to defend, indemnify, hold harmless and release DISTRICT, its officers, agents and employees, from
and against any and all actions, claims, damages, disabilities or expenses including attorney's fees and
witness costs that may be asserted by any person or entity, arising out of or in connection with the
tortuous acts or errors or omissions of CONTRACTOR hereunder, whether or not there is concurrent passive
or active negligence on the part of DISTRICT, but excluding liability due to the sole negligence or willful
misconduct of DISTRICT. This indemnification obligation is not limited in any way by any limitation on the
amount or type of damages or compensation payable to or for CONTRACTOR or its agents under workers'
compensation acts, disability benefit acts, or other employee benefit acts.
(b)
CONTRACTOR shall be liable to DISTRICT for any loss or damage to DISTRICT property
arising from or in connection with CONTRACTOR'S performance hereunder.
4.
INSURANCE:
With respect to the performance of work under this Agreement,
CONTRACTOR shall maintain and shall require all of its subcontractors to maintain insurance as described
below:
A.
INSURANCE REQUIREMENTS
The Contractor shall maintain in full force and effect and cause its subcontractors to maintain, for
the period covered by the Contract, the following insurance:
1.
Comprehensive or commercial general liability insurance with limits not less than
$1,000,000 per each occurrence combined single limit for bodily injury and
property damage, including coverage for contractual liability, personal injury,
independent contractors, explosion, collapse and underground (XCU), broad form
property damage, products liability, and completed operations.
a.
Should any of the required insurance be provided under a form of coverage
that includes an annual general aggregate limit or provides that claims
investigation or legal defense costs be included in such annual general
aggregate limit, such annual general aggregate limit shall be two times the
occurrence limits stipulated.
Attachment 8, Page 1 of 7
PERALTA COMMUNTIY COLLEGE DISTRICT
REQUEST FOR PROPSAL 14-15/03
Installation of Metering System for Monitoring Based Commissioning
Program Under Prop. 39 & CCC/IOU
b.
Should any of the required insurance be provided under a claims-made form,
Contractor shall maintain such coverage continuously throughout the term of
this contract, and without lapse, for a period three years beyond the contract
expiration, to the effect that, should occurrences during the contract term
give rise to claims made after expiration of the contract, such claims shall be
covered by such claims-made policies.
2.
Comprehensive or business automobile liability insurance with limits not less than
$1,000,000 per each occurrence combined single limit for bodily injury and
property damage, including coverage for owned, non-owned, and hired
automobiles, as applicable.
3.
Workers' Compensation, including Employers' Liability Insurance with limits not less
than $1,000,000 each accident, occurrence or disease and $1,000,000 aggregate.
a.
The Workers' Compensation Insurance shall cover any compensation
payable under the provisions of the act of legislature of the State of
California, known as the "Workmen's Compensation Insurance and Safety
Act" approved May 26, 1913, and all acts amendatory and supplemental
thereto. If the Contractor fails to maintain such insurance, the District, at
its sole option and without incurring any further obligation to provide
insurance, may take out Workers' Compensation Insurance to cover any
compensation payable under the provisions of the Act by reason of any
employee of the Contractor being injured or killed, and to deduct and
retain the amount of the premium for such insurance from any sums due
the Contractor. If the injury occurs to any employee of the Contractor for
which the employee, or its dependents in the event of its death, is entitled
to compensation from the District under the provisions of said Act, or for
which compensation is claimed from the District, the District may retain
from the sums due the Contractor under these Contract Documents an
amount sufficient to cover such compensation, as fixed by said Act, until
such compensation is paid; and if the District is compelled to pay such
compensation, it will deduct and retain from such sums the amount so
paid.
b.
The Contractor shall sign and file with the District the following certification
prior to performing the Work of the Contract:
“I am aware of the provisions of Section 3700 of the Labor Code which
require every employer to be insured against liability for Workers'
Compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions before
commencing the performance of the Work of this Contract."
4.
Builder's Risk Insurance on an All-Risk Form covering the new Work under the
Contract, excluding earthquake and flood but including ensuing perils, with limits
not less that the Contract Sum and any deductible not to exceed $10,000.
a.
b.
Coverage for debris removal limits not less than $1,000,000.
Such policy shall name the District as loss payee and shall be issued by
carrier(s) satisfactory to the District and licensed through the Department
of Insurance to conduct insurance business in California.
Attachment 8, Page 2 of 7
PERALTA COMMUNTIY COLLEGE DISTRICT
REQUEST FOR PROPSAL 14-15/03
Installation of Metering System for Monitoring Based Commissioning
Program Under Prop. 39 & CCC/IOU
c.
In the event of any damage except earthquake and flood, it shall be the
Contractor's responsibility to perform at its expense all required repair and
replacement including damage to adjacent areas.
d.
The Contractor shall be responsible for all losses not covered by the policy,
excluding earthquake and flood, including the deductibles.
5.
In the event that the Contractor employs professional engineering services, the
Contractor shall require the retained engineers to carry professional liability
insurance with limits not less than $1,000,000 each claim with respect to
negligent acts, errors, or omissions in connection with professional services to be
provided under this Agreement and any deductible not to exceed $50,000 each
claim. The Contractor shall provide the District with Certificates of Insurance for
any such policy.
6.
In the event that the Contractor is performing abatement of hazardous or
contaminated materials work or employs a subcontractor or entity for abatement
of hazardous or contaminated materials, the Contractor shall furnish or require
the subcontractor or entity to maintain environmental liability insurance with
limits not less than $1,000,000, policy written on an occurrence form, with any
deductible not to exceed $25,000, including coverage for Contractor's pollution
legal liability for contaminated soils, asbestos, lead, underground storage tanks,
and other hazardous materials which may be encountered at the site.
B.
INSURANCE BY OTHERS:
For General Liability, Environmental Pollution Liability and Automobile Liability
Insurance, the Contractor shall include as additional named insureds, the District, the
Architect, the District's Consultants, and all authorized agents and representatives, and
members, directors, officers, trustees, agents and employees of any of them.
C.
FORM OF POLICIES AND OTHER INSURANCE REQUIREMENTS:
1.
Before commencement of the Work of this Contract, certificates of insurance shall
be furnished to the District, with complete copies of policies to be furnished to
the District promptly upon request.
2.
Approval of the insurance by the District shall not relieve or decrease the extent to
which the Contractor or subcontractor of any tier may be held responsible for
payment of any and all damages, except damage caused by earthquake or flood,
resulting from its operations. All policies of insurance and certificates shall be
satisfactory to the District.
3.
Liability insurance shall be on an occurrence basis; and said insurance shall provide
that the coverage afforded thereby shall be primary coverage (and non-contributory to any other existing valid and collectable insurance) to the full limit of
liability stated in the declaration, and such insurance shall apply separately to
each insured against whom claim is made or suit is brought, but the inclusion of
more than one (1) insured shall not operate to increase the insurer's limits of
liability.
Attachment 8, Page 3 of 7
PERALTA COMMUNTIY COLLEGE DISTRICT
REQUEST FOR PROPSAL 14-15/03
Installation of Metering System for Monitoring Based Commissioning
Program Under Prop. 39 & CCC/IOU
4.
Each such policy shall provide that no cancellation, non-renewal nor any reduction
in its coverage shall occur without the carrier giving to the District at least thirty
(30) days' written notice prior thereto. All notices shall be made to:
Sadiq B. Ikharo
Vice Chancellor of General Services
Peralta Community College District
333 East 8th Street
Oakland, CA 94606
D.
D
5.
The Contractor shall file with the District a certificate of the required new or
renewed policy at least ten (10) days before the effective date of such cancellation,
change or expiration, with a complete copy of new or renewed policy.
6.
If, at any time during the life of this Contract, the Contractor fails to maintain any
item of the required insurance in full force and effect, all Work of this Contract
may, at District's sole option, be discontinued immediately, and all Contract
payments due or that become due will be withheld, until notice is received by the
District as provided hereinbefore that such insurance has been restored to full
force and effect and that the premiums therefore have been paid for a period
satisfactory to the District.
7.
Any failure to maintain any item of the required insurance may, at District's sole
option, be sufficient cause for termination of this Contract.
Insurance companies shall be legally authorized, licensed and admitted through the
California Department of Insurance to engage in the business of furnishing insurance in
the State of California. All insurance companies shall have an "A-,VIII" in Bests Rating
Guide and shall be satisfactory to the District.
CONTRACTOR ADDITIONAL INSURANCE REQUIREMENTS (For all projects)
A. Notice to the District: Further the policy will provide not less than thirty (30) days prior
written notice to District’s Program Administrator or its Designee of any material change in
the insurance or cancellation or non-renewal.
B. Additional Insured: The District will be endorsed as "additional insured" on Contractor's
and Subcontractors’ policy or policies. Contractor and Subcontractors shall furnish
Certificates of Insurance evidencing said coverage before commencing work on the Project.
C. Contractor Construction Equipment Insurance: Any policies maintained by the contractor
and subcontractors on their owned and/or rented equipment and materials shall contain a
provision requiring the insurance carriers to waive their rights of subrogation against the
Owner and all other indemnities named in the contract.
Attachment 8, Page 4 of 7
PERALTA COMMUNTIY COLLEGE DISTRICT
REQUEST FOR PROPSAL 14-15/03
Installation of Metering System for Monitoring Based Commissioning
Program Under Prop. 39 & CCC/IOU
D. Professional Liability Insurance (Errors & Omissions): In the event any contract
specifications requires your firm to provide professional services, such as but not limited to,
architectural, engineering, construction management, surveying, design, etc., a certificate
of insurance must be provided prior to commencing work evidencing such coverage with a
limit of not less than $1,000,000. Any material change in limits, coverages or loss of
aggregate limit due to outstanding claims must be reported to the District within 30 days of
any such event.
E. Environmental and Asbestos Abatement Coverages: If this Agreement involves the
removal of asbestos, the removal/replacement of underground tanks or the removal of
toxic chemicals and substances, the Contractor will be required to provide adequate
coverages, with limits not less than $1,000,000 per claim basis, for such exposures subject
to requirements and approval of the District.
F. Hold Harmless clause: Work done on the premises, or in connection with the prosecution
of this contract by the Contractor, shall be at the Contractor’s risk and the Contractor shall
assume any and all liability and shall hold harmless the District, their agents, servants or
employees, from claims or demands, cost expenses, loss or damage due to bodily injury,
sickness or disease, including death to employees of the Contractor or any other person, or
damage of property including loss of use thereof suffered by employees of the Contractor
or any other person; arising out of the performance of the contract, whether such are
based upon negligence of the District or any other person, firm, corporation or organization
for whom such contract is being performed, their agents, employees or otherwise.
E
PROOF OF CARRIAGE OF INSURANCE
A. Before work is started, the Contractor shall forward to the Owner two copies of a
Certificate of Insurance or Memorandum of Insurance, evidencing that all required
Contractor Furnished Insurance is in force, executed by an authorized representative of
the insurance company, and naming Owner as additional insured as outlined below.
B. Certificates and insurance for contractor furnished insurance policies shall include the
following clause:
“This policy shall not be cancelled or reduced in required limits of liability or amounts
of insurance until notice have been mailed to the District. Date of cancellation or
reduction may not be less than Thirty (30) days after date of mailing notice.”
C. Certificates of insurance for contractor furnished insurance policies shall state in
particular those insured, extent of insurance, location and operation to which insurance
applies, expiration date, and cancellation and reduction notice.
D. Certificates of insurance for contractor furnished insurance policies shall clearly state
that the District is named as an additional insured under the policy described and that
such insurance policy shall be primary to any insurance or self-insurance maintained by
the District.
E. Contractor furnished policies will be written by an insurer of satisfactory character
including a Best’s rating of not less than A- VIII and an admitted carrier in the State of
California. If requested by the District, a certified copy of the actual policies with
Attachment 8, Page 5 of 7
PERALTA COMMUNTIY COLLEGE DISTRICT
REQUEST FOR PROPSAL 14-15/03
Installation of Metering System for Monitoring Based Commissioning
Program Under Prop. 39 & CCC/IOU
appropriate endorsement(s) and other documents shall be provided to the District.
F. In the event the contractor or any subcontractor fails to furnish and maintain required
insurance or to furnish satisfactory evidence thereof, the Owner may procure and
maintain such coverages for all parties on behalf of the contractor. Contractor shall
furnish all necessary information and pay the premium cost to the District immediately
upon presentation of a premium invoice.
G. Subcontractors. Should a contractor engage a subcontractor, the same conditions will
apply to each subcontractor. Each subcontractor must be covered by insurance of the
same character and in the same amounts as the Contractor, naming the Contractor
and the Owner as additional insureds. Copies of certificates of insurance for
subcontractors must be filed with the District within thirty (30) working days after
issuance of a Notice to Proceed and at least five (5) working days before the
subcontractor begins work on the site. Failure to provide evidence of such insurance
shall result in the subcontractor being excluded from the site until proper coverage is
verified. The cost of any resulting delay will be borne by the contractor.
5.
METHOD AND PLACE OF GIVING NOTICE, SUBMITTING BILLS AND MAKING
PAYMENTS: A purchase order number must appear on all invoices and notices, bills and
payments. All notices, bills and payments shall be made in writing and may be given by
personal delivery or by mail. Notice, bills and payments sent by mail shall be addressed as
follows:
Dr. Sadiq B. Ikharo
Department of General Services
Peralta Community College District
333 East 8th Street
Oakland, CA 94606
CONTRACTOR:
and when so addressed, shall be deemed given upon receipt via United States Mail, postage prepaid, provided
it is forwarded "certified", or "registered" with proof of receipt. In all other instances, notices, bills, and
payments shall be deemed given at the time of actual personal delivery. Changes may be made in names and
addresses of the person to who notices, bills and payments are to be given by giving notice pursuant to this
paragraph.
6.
MERGER: This writing is intended both as the final expression of the Agreement between
the parties hereto with respect to the included terms and as a complete and exclusive statement of the
terms of the Agreement. No modification of this Agreement shall be effective unless and until such
modification is evidenced by a writing signed by both parties.
7.
TRANSFER OF RIGHTS: CONTRACTOR assigns to DISTRICT all rights throughout the
work in perpetuity in the nature of copyright, trademark, patent, right to ideas, in and to all versions of the
plans and specifications now or later prepared by CONTRACTOR in connection with the project, if any.
CONTRACTOR agrees to take such actions as are necessary to protect the rights assigned to DISTRICT in
this Agreement, and to refrain from taking any action which would impair those rights. CONTRACTOR'S
responsibilities under this contract include, but are not limited to, placing proper notice of copyright on all
Attachment 8, Page 6 of 7
PERALTA COMMUNTIY COLLEGE DISTRICT
REQUEST FOR PROPSAL 14-15/03
Installation of Metering System for Monitoring Based Commissioning
Program Under Prop. 39 & CCC/IOU
versions of the plans and specifications as CONTRACTOR may direct, and refraining from disclosing any
versions of the plans and specifications to any third party without first obtaining written permission of
DISTRICT.
8.
NONDISCRIMINATION: CONTRACTOR shall comply with all applicable federal, state
and local laws, rules and regulations in regard to nondiscrimination in employment because of race, color,
ancestry, national origin, religion, sex, sexual orientation, marital status, age, medical condition, disability,
transgender status or other prohibited basis. All nondiscrimination rules or regulations required by law to
be included in this Agreement are incorporated by this reference.
9.
EXTRA (CHANGED) WORK: Only the Chancellor or designee may authorize extra
(and/or changed) work. The parties expressly recognize that DISTRICT and College personnel are without
authorization to either order extra (and/or changed) work or waive contract requirements. Failure of the
CONTRACTOR to secure proper authorization for extra work shall constitute a waiver of any and all right to
adjustment in the contract price or contract time due to such unauthorized extra work and the
CONTRACTOR thereafter shall be entitled to no compensation whatsoever for the performance of such
work.
10.
CONFLICT OF INTEREST: CONTRACTOR represents that it presently has no interest
which would conflict in any manner or degree with the performance of services contemplated by this
Agreement. CONTRACTOR further represents that in the performance of this Agreement, no person
having such interest will be employed.
11.
OWNERSHIP OF WORK PRODUCT: DISTRICT shall be the owner of and shall be
entitled to immediate possession of accurate reproducible copies of any design computations, plans,
correspondence or other pertinent data and information gathered or computed by CONTRACTOR prior to
termination of this Agreement by DISTRICT or upon completion of the work pursuant to this Agreement.
12.
CONTRACTOR'S WARRANTY: DISTRICT has relied upon the professional ability and
training of CONTRACTOR as a material inducement to enter into this Agreement. CONTRACTOR hereby
warrants that all its work will be performed in accordance with generally accepted professional practices
and standards as well as the requirements of applicable federal, state and local laws, it being understood
that acceptance of CONTRACTOR'S work by DISTRICT shall not operate as a waiver or release.
13.
TAXES: CONTRACTOR agrees to file federal and state tax returns and pay all applicable
state and federal taxes on amounts paid pursuant to this Agreement. In case DISTRICT is audited for
compliance regarding any applicable taxes, CONTRACTOR agrees to furnish DISTRICT with proof of
payment of taxes on those earnings.
14.
DUE PERFORMANCE: Each party to this Agreement undertakes the obligation that the
other's expectation of receiving due performance will not be impaired. When reasonable grounds for
insecurity arise with respect to the performance of either party, the other may, in writing, demand
adequate assurance of due performance and until such written assurance is received may, if commercially
reasonable, suspend any performance for which the agreed return has not been received.
15.
NO THIRD-PARTY BENEFICIARIES: There are no intended third-party beneficiaries of
this Agreement.
16.
NO WAIVER OF BREACH: The waiver by DISTRICT of any breach of any term or
promise contained in this Agreement shall not be deemed to be a waiver of such term or promise or any
subsequent breach of the same or any other term or promise contained in this Agreement.
End of Section
Attachment 8, Page 7 of 7
PERALTA COMMUNTIY COLLEGE DISTRICT
REQUEST FOR PROPSAL 14-15/03
Installation of Metering System for Monitoring Based Commissioning
Program Under Prop. 39 & CCC/IOU
Acknowledgement and Signature Form
The undersigned having carefully examined the location of the proposed work, the local conditions of
the place where the work is to be done, the Invitation, the General Conditions, the Specifications and
all of the documents for this project, and accurately completed the Vendor’s Questionnaire, proposes
to enter into a contract with Peralta Community College District to perform the work listed in this RFP,
including all of its component parts, and to furnish any and all required labor, materials, equipment,
insurance, bonding, taxes, transportation and services required for this project in strict conformity
with the plans and specifications prepared, including any Addenda, within the time specified.
Addendum Acknowledgement
The following addendum(s) are acknowledged in this RFP: _________________________
Acknowledgement and Signature:
1. No Proposal is valid unless signed in ink by the person authorized to make the proposal.
2. I have carefully read, understand and agree to the terms and conditions on all pages of this
proposal. The undersigned agrees to furnish the services stipulated on this proposal.
Vendor Name:
____________________ Title:
____________________________________
Contact Person:__________________________________________________________________
Address: _______________________________________________________________________
Telephone: _____________________________
Fax: ________________________________
Contractor License #: _____________________
Expiration Date: ______________________
Federal Tax Identification Number: _____________________
Authorized Signature: _____________________________________
Attachment 9
Date: ________________
PERALTA COMMUNTIY COLLEGE DISTRICT
REQUEST FOR PROPSAL 14-15/03
Installation of Metering System for Monitoring Based Commissioning
Program Under Prop. 39 & CCC/IOU
Decline Proposal:
We do not wish to submit a Proposal on this Project. Please state your reason below. Please also
indicate if you would like to remain on our vendor list.
Reason:
____________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
Company:_____________________________ Address: _____________________________________
Name: ___________________________ Signature_________________________ Date:_________
Attachment 9
Peralta Community College District
Request for Proposal 14-15/03
Installation of Metering System for Monitoring Based Commissioning Program
Under Prop. 39 & CCC/IOU
Exhibit #1: Price Proposal for the Data Monitoring System Installation
Facilities
Merritt College (MC)
Quantity
Unit
Building A
Building D
Building P
Building R
Theater
Student Center
Library
Building A
Building B
Administrative Tower
Each
Each
Each
Each
$
$
$
$
Sub-Total
$
Laney College (LC)
Each
Each
Each
Each
Each
Each
Sub-Total
Building A
Library
Cost Per Unit
College of Alameda (COA)
Each
Each
Sub-Total
Total (MC, LC, and
COA)
GRAND TOTAL:
Attachment 10
$
$
$
$
$
$
$
$
$
$
$

Download Report